08/02/13
When he uses the specific legal term “libel”, sets specific terms to cure damages (apology by Friday), and says “I’m not gonna let this go” if the damages aren’t cured, it’s clear that he is threatening a lawsuit. Whether he’s serious or just saber rattling, we’ll see. From last night, Wednesday, July 31:
Libel 1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie.
Who Can Sue For Defamation? In order to be actionable, a defamatory statement must be “of and concerning” the plaintiff. This means that a defamation plaintiff must show that a reasonable person would understand that the statement was referring to him or her. Of course, if a blog post or online article identifies the plaintiff by name, this requirement will be easily met. The plaintiff need not be specifically named, however, if there are enough identifying facts that any (but not necessarily every) person reading or hearing it would reasonably understand it to refer to the plaintiff.
A company or organization can be a defamation plaintiff. In fact, the largest jury verdict every awarded in a libel case came in a case brought by a business plaintiff.
h/t: Pat Dollard
When he uses the specific legal term “libel”, sets specific terms to cure damages (apology by Friday), and says “I’m not gonna let this go” if the damages aren’t cured, it’s clear that he is threatening a lawsuit. Whether he’s serious or just saber rattling, we’ll see. From last night, Wednesday, July 31:
Libel 1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie.
Who Can Sue For Defamation? In order to be actionable, a defamatory statement must be “of and concerning” the plaintiff. This means that a defamation plaintiff must show that a reasonable person would understand that the statement was referring to him or her. Of course, if a blog post or online article identifies the plaintiff by name, this requirement will be easily met. The plaintiff need not be specifically named, however, if there are enough identifying facts that any (but not necessarily every) person reading or hearing it would reasonably understand it to refer to the plaintiff.
A company or organization can be a defamation plaintiff. In fact, the largest jury verdict every awarded in a libel case came in a case brought by a business plaintiff.
h/t: Pat Dollard
No comments:
Post a Comment